Division 12Part 5 Chapter 3 (Navy Communication Information Systems Completion Bonus)

Defence Determination 2006/53

I, STEVEN RICHARD GRZESKOWIAK, Director General Personnel Policy and Employment Conditions, Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated 21September 2006
S R GRZESKOWIAK
Director General
Personnel Policy and Employment Conditions
Personnel Executive

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Citation

This Determination is Defence Determination 2006/53, Completion bonus scheme – Navy Acoustic Warfare Analyst and Electronic Warfare Analyst Submarinescategories.

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Commencement

This Determination commences on 3 October 2006.

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Amendment

Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.

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Clause 3.5.2 (Contents)

insert at the end
Division 13 / Navy – Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines completion bonus

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Division 12Part 5 Chapter 3 (Navy – Communication Information Systems completion bonus)

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Division 13: Navy –Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines completion bonus scheme

3.5.102

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Purpose

This Division provides an obligation payment and a completion bonus forsailorsin theNavy Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines employment categoriesin the Navy. The payment is designed to encourage members to stay in the categories.

3.5.103

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Payments under this Division

This Division provides for threedifferent types of payment.
a. / Anobligation payment, paid on joining the scheme.
See: Clause 3.5.109,Obligation payment
b. / A completion bonus, paid to members who serve in the scheme for three years.
Related Information:Clause 3.5.110, Completion bonus
c. / A pro rata completion bonus, paid to members with fewer than three years in the scheme, in prescribed circumstances.
See: Clause 3.5.112, Bonus payable when member leaves the scheme

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Effective service

1. / For the purpose of this Division, effective service means service that meets all these conditions.
a. / It is continuous full time service.
b. / It is paid.
Exception: Unpaid leave of less than 21 calendar days.
c. / It is not ineffective service under subclause 2.
2. / This table lists a range of leave types and activities and sets out how a period of that leave or activity counts toward member's period of effective service.
Item / Activity / Effect
1. / Part time leave without pay / The unpaid component of a part-time leave without pay working pattern does not count as effective service.
2. / Leave at full pay
Examples: Recreation leave, full pay long service leave / The whole period counts as effective service.
3. / Unpaid leave for less than 21 calendar days
Examples: Leave without pay, maternity leave without pay
4. / Unpaid leave for 21 calendar days or more
Examples: Leave without pay, maternity leave without pay / The whole period does not count as effective service.
5. / Absence without leave
6. / Imprisonment, detention or suspension from duty without pay
7. / Leave at half pay
Example: Long service leave at half pay / Half the period of the leave counts as effective service.
8. / An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005. / The whole period does not count as effective service.
9. / A period when the member was discharging another undertaking for further service.
Exception: An undertaking for further service associated with a promotion.
Item / Activity / Effect
10. / Return of service obligations
A period when the member is discharging a return of service obligation associated with the following.
a. An overseas posting.
b. Professional or trade training provided on transfer of category.
c. Professional or trade training that is directly relevant to the member's occupation, and not described in item 10.b or 11.a of this table. / Both of these periods are effective service.
i. / The period of the overseas posting or the training.
ii. / The period of the return of service obligation.
11. / Return of service obligations
A period when the member is discharging a return of service obligation associated with the following.
a. A period of initial category training not described by item 10.b.
b. Any other return of service obligation not described in item 10 or 11 of this table. / The whole period does not count as effective service.

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Members this Division applies to

1. / A member who meets all the following conditions is eligible to apply for a completion bonus under this Division.
a. / They have completed the initial minimum period of service (IMPS).
Note: This concept is defined in Determination 12A, made by the Chief of Navy under sub-regulations 90(6), 90(7), 91(2), 97(3), 97(6) and 98(2) of the Defence (Personnel) Regulations 2002.
Related Information: Determination 12A can be found in Defence Instruction (General) 33–5, Arrangements for service in the Australian Defence Force
b. / They hold any of the following ranks.
i. / Able Seaman.
ii. / Leading Seaman.
iii. / Petty Officer.
iv. / Chief Petty Officer.
c. / They are entitled to salary for any of the following employment categories, mentioned in Schedule 1 Part A (Navy) of DFRT Determination No.6 of 1992, Salaries.
i. / Acoustic Warfare Analyst, at any grade.
ii. / Electronic Warfare Analyst Submarines Grade 2
iii. / Electronic Warfare Analyst Submarines Grade 3
iv. / Electronic Warfare Analyst Submarines Grade 4
d. / They are entitled to submarine service allowance for qualification and skill, paid under DFRT Determination No. 9 of 1995, Submarine service allowance.
See: Chapter 4 Part 3 Division 16 Submarine service allowance
2. / This Division ceases to apply to all members on 1 July 2012.

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Members this Division does not apply to

A member in any of the following circumstances is not eligible to apply for a completion bonus under this Division.
a. / The member is permanently medically unfit for submarine service.
b. / The member is serving an initial minimum period of service (IMPS).
c. / The member has been selected to commission as an officer or for promotion to the rank of Warrant Officer in the Navy.
Example: A member's name has appeared on a promotion signal. The member is not eligible to join the bonus scheme.
d. / The member is serving a period of undertaking for further service, under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005.
e. / The member first meets the conditions for eligibility under clause 3.5.105 after 30June 2009.
See: Clause 3.5.105, Member this Division applies to
f. / A member who has less than three years to serve from the date of their application until the end of their current fixed period of service or enlistment is taken not to be eligible.
Exception: A member is eligible if they seek an extension for the three year period of the completion bonus to whichever of the following limits is relevant.
i. / The member's fixed period of service.
ii. / The member's compulsory retirement age.
See: Form PE012, Extension of service for a fixed period.
Example: A Chief Petty Officer Acoustic Warfare Analyst is on a fixed period of service that is due to end on 1 October 2007. The member is able to apply for an extension of their service until 1 October 2009. The member chooses not to apply for an extension. The member is not eligible to join the bonus scheme.

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Applications to join the scheme

1. / A member may apply to undertake three year's service for the purpose of the obligation payment and completion bonus in this Division.
2. / An application must meet the requirements of subclause 3 or subclause 4.
3. / An application made under this subclause must be on the application form at Parts A to D of Annex 3.5.N.
See: Annex 3.5.N, Navy – Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines completion bonus
4. / An application made under this subclause must meet all the following requirements.
a. / The application is lodged by signal, facsimile or email message.
b. / Applications are to be sent to the Director Sailors' Career Management.
c. / The application must include both the following statements.
i. / That the member applies to join the scheme.
ii. / That the member undertakes to give three years service in either the Acoustic Warfare Analyst or Electronic Warfare Analyst Submarines categories.
d. / The member meets either of the following conditions.
i. / The member submits a completed form in Parts A to D of Annex 3.5.N within three months of making the application in paragraph a.
ii. / The member submits a completed form in Parts A to D of Annex 3.5.N after three months of making the application in paragraph a, and the CDF determines that the application is valid. The CDF must consider whether Service reasons prevented the member from submitting the form earlier.
See: Annex 3.5.N, Navy – Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines completion bonus
5. / A member may only make one application to join the scheme.
6. / The application must be made before 1 July 2009.

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Acceptance

1. / The CDF may accept an eligible member's application in writing.
2. / A member whose application has been accepted is taken to have undertaken to serve from the relevant date in the following table.
Item / If the member's application was made using the process at... / the member's undertaking to serve starts on...
1. / subclause 3.5.107.3 / the date the form at Annex 3.5.N is signed and witnessed. The date must be after 2 October 2006.
See: Annex 3.5.N, Navy – Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines completion bonus
2. / subclause 3.5.107.4 / the earlier of these dates.
a. The date a completed signal, facsimile or email application is sent to Director Sailors' Career Management.
b. The date the form at Annex 3.5.N is signed and witnessed.
The date must be after 2 October 2006.
See: Annex 3.5.N, Navy – Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines completion bonus

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Obligation payment

1. / A member whose application for the completion bonus scheme is accepted is to be paid an obligation payment of $25,000.
2. / A member in either of the following categories must repay $25,000 to the Commonwealth.
a. / The member does not serve for three years in the Acoustic Warfare Analyst category from the commencement of their undertaking to serve under this Division.
b. / The member does not serve for three years in the Electronic Warfare Analyst Submarines category, from the commencement of their undertaking to serve under this Division.
Exception: A member who is entitled to a pro rata completion bonus is not required to repay the obligation payment.
See: Subclause 3.5.112.2, Bonus payable when member leaves the scheme
3. / A member who commences to serve an undertaking for further service (UFFS) under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005,before the member completes three years of effective service under this Division must repay an amount of the obligation payment proportional to the part of the three year period of effective service that they have not served on the day they commence the UFFS.

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Completion bonus

1. / A member who meets both the following conditions is entitled to a $10,000 completion bonus.
a. / The member has completed three years of service under this Division.
b. / The three-year period is all effective service.
2. / A member who meets both the following conditions is entitled to a portion of the completion bonus, calculated using the method in clause 3.5.113.
See: Clause 3.5.113, Calculation of the bonus amount
a. / The member has completed three years of service under this Division.
b. / The three-year period includes ineffective service.
Related Information: Clause 3.5.111, Extension of the period for payment, allows a member with ineffective service to elect to serve for a longer period.

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Extension of the period for payment

1. / A member may elect to serve for longer than three years, if they meet both of the following conditions.
a. / The member has completed three years of service under this Division.
b. / The three-year period includes ineffective service.
2. / An election under subclause 1 must have these features.
a. / The election must be on the form at Part E of Annex 3.5.N.
See: Annex 3.5.N, Navy – Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines completion bonus
b. / The election may only be for a period ending on the day the member has served three full years of effective service under this Division.
Exception: A member may not elect to serve under this Division beyond30 June 2012.
3. / If a member makes an election, clause 3.5.110 ceases to apply to the member.
4. / A member who makes an election under subclause 1, and who completes the three full years of effective service, is entitled to a $10,000 completion bonus.
5. / A member who makes an election under subclause 1, and who cannot complete the three full years of effective service, is entitled to a bonus calculated using the method in
clause 3.5.113.
See: Clause 3.5.113, Calculation of the bonus amount

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Bonus payable when member leaves the scheme

1. / A member who meets any of the following conditions before they complete three years of effective service under this Division is not eligible for the bonus.
a. / The member voluntarily transfers out of the Navy Acoustic Warfare Analyst or the Electronic Warfare Analyst Submarines employment categories, mentioned in Schedule 1 Part A (Navy) of DFRT Determination No.6 of 1992, Salaries.
b. / The member initiates a transfer to the Reserves, under Regulation 56 of the Defence (Personnel) Regulations 2002.
Example: A member applies to the Chief of Navy to join the Reserves. The member's application is granted. The member leaves the bonus scheme, and is not eligible for a completion bonus.
Related Information:Item 1 of the table in subclause 2 shows benefits for members who join the Reserves in other ways.
c. / The member resigns.
2. / A member who has applied for a bonus under this Division is eligible for a pro rata bonus if their service under this Division ceases for one of the reasons described in the table.
Item / Member's situation
1. / Leaving the Permanent Navy / a. The member leaves the Permanent Navy.
Exception: A member who resigns.
Examples: Compulsory retirement age, end of a fixed period of service, termination because of medical unfitness
b. The member transfers from the Permanent Navy to the Reserves at Navy's initiative.
Authority: Chapter 8 Part 2 Divisions 2 or 3 of the Defence (Personnel) Regulations 2002.
Example: A member reaches compulsory retirement age and leaves the Permanent Navy. The member is transferred to the Reserves. The member is eligible for a pro rata bonus.
2. / Employment category / The member transfers out of the Navy Acoustic Warfare Analyst or the Electronic Warfare Analyst Submarines employment categories.
Exception: A member who voluntarily transfers out of category.
Authority: Schedule 1 Part A (Navy) of DFRT Determination No.6 of 1992, Salaries.
3. / Submarine service / a. The member is permanently medically unfit for submarine service.
b. The member has their submarine service qualification removed.
c. The member is no longer liable for submarine service.
4. / Rank / a. The member is reduced to the rank of Seaman.
b. The member is promoted to the rank of Warrant Officer.
c. The member is commissioned as an officer.
5. / MSBS / The member commences to serve an undertaking for further service under
Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 of the Defence Legislation Amendment Act (No. 1) 2005.
6. / End of scheme / The bonus scheme ends.
3. / A pro rata bonus paid under subclause 1 is calculated using the method in clause 3.5.113.
See: Clause 3.5.113, Calculation of the bonus amount

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Calculation of the completion bonus amount

1. / This table shows how to calculate an amount of completion bonus that a member is entitled to under this Division.
Exceptions:Subclause 3.5.110.1 provides for a $10,000 completion bonus to members who complete three full years of effective service under this Division.
Step / Action
1. / Work out the number of calendar days in this period.
a. The period starts on the day the member is taken to start their undertaking to serve under this Division. (See: Subclause 3.5.108.2)
b. The period ends on the day before the date the member is entitled to be paid the completion bonus.
2. / Work out the number of days of ineffective service in the period in Step 1.
3. / Subtract the outcome of Step 2 from the outcome of Step 1.
4. / Divide the outcome of Step 3 by 1095. If the period includes 29 February, divide by 1096.
This represents the number of days in threecalendar years.
5. / Multiply the outcome of Step 4by $10,000.
6. / The member may be paid the outcome of Step 5.
Example: A Petty Officer EWAS sends a signal to join the scheme on 15 October 2006. On 1November 2007 the member becomes permanently medically unfit for submarine service. The member had 25 days of leave without pay in December 2006.
Step / Action
1. / There were 382 calendar days between 15 October 2006and 31October 2007.
2. / The 25 days the member was on leave without pay was ineffective service.
3. / 382 – 25 = 357 calendar days
4. / 357 divided by 1095 = 0.326027
5. / 0.326027 multiplied by $10,000 = $3260.27.
6. / The member may be paid $3260.27.

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Administration of payment

1. / A member may nominate payment details for the completion bonus and obligation payment, subject to these conditions.
a. / The form must be completed before the day the completion bonus is due.
b. / The nomination must be on the form at Annex 3.5.N.
See: Parts C and D of Annex 3.5.N, Navy – Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines completion bonus
2. / If a member does not nominate payment details in the form at Annex 3.5.N, the obligation payment and completion bonus may only be paid into the member's normal pay account.

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Part 5 of Chapter 3 (Retention and completion benefits)

insert at the end of the Part
the Annex in the Attachment to this Determination
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Defence Determinations 2006/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 and 52. Certain provisions of the Determination have been modified by Determination No.5 of 2005 and No.1 of 2006, made under section 58H of the Defence Act 1903.

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ATTACHMENT

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Annex 3.5.N: Navy – Acoustic Warfare Analyst and Electronic Warfare Analyst Submarines completion bonus

This application is in five parts.

Part A – Provides information about the bonus scheme, and is for you to keep.

Part B – Is your agreement to serve in the category for three years.

Part C – Provides your election about how the bonus is paid.

Part D – Provides additional payment information if you choose to pay the money into a superannuation fund.